Rule.
Ms.C.M.Shah, learned APP waives service of notice or rule on behalf of the respondent-State.
By way of present application, filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant has prayed to release her on regular bail in connection with CR No.I-19 of 2012 registered with Dhroll Police Station for the offence punishable under Sections 302, 307, 323, 337 and 114 of the Indian Penal Code and Sec.135(1) of Gujarat Police Act.
Heard Mr.Kunal Shah, learned counsel for the applicant and Ms.C.M.Shah, learned Additional Public Prosecutor for respondent-State.
Mr.Kunal Shah, learned counsel for the applicant, has contended that the present applicant accused is a lady and it is alleged that she gave kick and fist blows to the accused and thereafter accused Devdanbhai came and caused injury with knife.
In the facts and circumstances of the case and considering the role attributed to the applicant of kick and fist blows and considering the only other aspect that the applicant is a lady accused, without entering into the merits of the case, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion to enlarge the applicant on bail.
Hence, the applicant is ordered to be released on bail in connection with CR No.I-19 of 2012 registered with Dhroll Police Station for the offence alleged against her in this application on her executing a bond of Rs.10,000/- (Rupees ten thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall -
a) not take undue advantage of her liberty or abuse her liberty;
b) not to try to tamper or pressurise the prosecution witnesses or complainant in any manner;
c) maintain law and order and should cooperate the Investigating Officer;
d) not act in a manner injurious to the interest of the prosecution;
e) not leave the State of Gujarat without prior permission of the Sessions Judge concerned;
f) furnish the address of her residence to the Investigating Officer and also to the Court with documentary proof of residence at the time of execution of the bond and shall not change the residence without prior permission of this Court;
g) surrender her passport, if any, to the lower Court within a week.
If the breach of any of the above conditions is committed, the concerned Court will be free to issue warrant or take appropriate action in the matter.
Bail before the lower Court having jurisdiction to try the case. It would be open to the trial Court concerned to give time to furnish the solvency certificate if prayed for. Rule is made absolute. Direct service is permitted.
At the trial, the trial court shall not be influenced by the observations of preliminary nature, qua the evidence at this stage, made by this Court while enlarging the applicant on bail.
[M.D.SHAH,J.] radhan Top